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Home My WebLink AboutCAG2020-008 - Original - RH2 Engineering, Inc. - West Hill Reservoir Design Services - 01/09/2020 Agreement Routing Form KENT For Approvals, Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Drew Holcomb Department: Public Works Date Sent: 1/8/20 Date Required: 1/15/20 io > Authorized Director or Designee Date of 0 p, to Sign: ✓ Council 1/7/20 QMayor Approval: Budget W20054 Grant? Yes No Account Number: Type: N/A Vendor Name: RH2 Engineering, Inc. Category: Contract 176332 c Vendor Sub-Category 0 Number: Project E Name: West Hill Reservoir 0 = Project +. Details: Provide design services for the project. c 41 E Agreement 459 949 Basis for y Amount. Selection of as Contractor: et Start Date: Mayor's signature o2o'2.0 Termination Date: 12/31/20 Notice required prior to Yes 1:1No Contract Number: C (j�2.6 20 - 00$ disclosure? 1:1 Date Recei tr:CA"k4@.; r. VEuComments: \JRECEI D .tea. v C 3 0 °Ck,-r� City of Kent KENT LAVA/ DEPT4 Office of the Mayor A Date Routed to the Mayor's Office: 'vf .01 Date Routed to the City Clerk's Office: cc Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_14 KENT WASHINGTON DATE: January 7, 2020 TO: Kent City Council SUBJECT: Consultant Services Agreement with RH2 Engineering, Inc. for West Hill Reservoir — Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with RH2 Engineering, Inc. for design engineering services for the West Hill Reservoir Project in an amount not to exceed $459,949, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Additional water storage is needed on Kent's West Hill to address a current water storage and fire flow deficiency. Council recently approved the transfer of the Kronisch property to the Public Works Department in order to construct and operate the proposed West Hill Reservoir on this property. Various design services are now necessary to provide project design and construction documents. The West Hill Reservoir will have a nominal storage volume of 5.50 million gallons. It will have a sub-surface concrete foundation with the above-grade portion of the reservoir constructed of steel. It will be approximately 165 feet in height and 100 feet in diameter. The contract with RH2 Engineering includes reservoir design, project permitting including building permits, storm drainage analysis, a Department of Health permit and preparation of bid-ready construction contract documents. A separate contract has been prepared for geotechnical engineering with GeoEngineers Inc. for necessary subsurface investigations. BUDGET IMPACT: Costs for design will be paid for from the water utility budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. RH2 - West Hill Reservoir (PDF) 12/17/19 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/7/2020 7:00 PM KENT W15 Hi HOTOH CONSULTANT SERVICES AGREEMENT between the City of Kent and RH2 Engineering, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and RH2 Engineering, Inc. organized under the laws of the State of Washington, located and doing business at 22722 29th Drive SE, Suite 210, Bothell, WA 98021, Phone: (425) 780- 8258, Contact: Edwin Halim (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design services for the West Hill Reservoir Project. For a description, see the Consultant's Scope of Work and Schedule which are attached as Exhibits A - D and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Four Hundred Fifty Nine Thousand, Nine Hundred Forty Nine Dollars ($459,949), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A - C. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit E attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: By: (signature (signature) Print Name:( 1 I- Print Name: Dana Ralph Its PI k(-' 6 Its Mayor (title) DATE: ( � � J DATE: l Q z NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Edwin Halim Timothy J. LaPorte, P.E. RH2 Engineering, Inc. City of Kent 22722 291h Dr. SE, Suite 210 220 Fourth Avenue South Bothell, WA 98021 Kent, WA 98032 (425) 780-8258 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: — Kent Law Department ATTEST. Kent City Clerk RH2-West Hill Reservoir 2/Holcomb CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Ei 2 Gt 10 I'V)E .. l f t Title: "t- '_ Date: 2 .-/ r EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Services City of Kent Schedule B — West Hill Reservoir Design October 2019 Background The City of Kent's (City) Water System Plan(WSP) identifies fire flow and reliability deficiencies in the City's West Hill Operating Area in the existing and future planning periods. The WSP recommends the construction of a West Hill Reservoir in the City's 587 Zone to provide sufficient water storage for the West Hill operating area beyond the 20-year planning period. To accommodate growth beyond the 20-year planning period presented in the WSP, the City proposes to construct the West Hill Reservoir with approximately 10 percent additional usable storage volume, resulting in approximately 3.00 MG of usable storage for the proposed West Hill Reservoir. With the inclusion of the dead storage volume, the future West Hill Reservoir is calculated to have a total volume of approximately 5.50 MG. The reservoir will have a nominal storage volume of 5.50 MG. It will have a sub-surface concrete foundation, with the above-grade portion of the reservoir constructed of steel. It will be approximately 165 feet in height, and 100 feet in diameter. The West Hill Reservoir is currently planned to be constructed on three parcels within Kronisch Park, located between 38th Avenue South and Military Road South, north of South 248th Street.There are 12 mature coniferous,and 1 mature deciduous tree amongst the project parcels.A hardened surface pedestrian path exists that runs through the park along the southern property line. This path is proposed to remain to encourage pedestrian connectivity. In the southwest corner of the property, adjacent to Military Road, there are multiple above-grade Puget Sound Energy(PSE) easements and infrastructure cabinets, which also will remain. It is assumed that the proposed reservoir will be constructed at this location. The Scope of Services does not include any reservoir siting and/or any additional permitting tasks that could be necessary if the location of the proposed reservoir is moved. This Scope of Services includes the following items: 1. Project permitting, including construction-related permits required to build the reservoir and accessory buildings. 2. Complete bid-ready construction contract documents, plans,specifications, and construction cost estimates. 3. Analysis of bid results within one (1) week of bid opening. This Scope of Services does not include hydraulic modeling, tank size and selection, or preliminary efforts to obtain Washington State Department of Health (DOH) project approval. A separate scope (Schedule A) will be executed for these portions of the project. 1 10;17/2019 10:25:03 AM Z:\NewBusiness\Prcposal\KEN\20190814_KEN_M190126_West Hill Reservoir Int—iew\00 C0ntract\P5A-50W-KEN_WeJ Hitt Reser oir.docx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services This Scope of Services does not include survey or geotechnical engineering. The City will conduct a full topographic survey, and the City has contracted with GeoEngineers, Inc., for the geotechnical engineering work. The City will provide RH2 Engineering, Inc., (RH2) with the survey AutoCAD drawing and geotechnical report upon completion. A Conditional Use Permit (CUP) for the project at the above-mentioned location has been approved but is currently on hold pending City Council approval of transferring the park property to Public Works.Therefore, this Scope of Services does not include permitting efforts for a CUP. Stormwater runoff will be collected and treated onsite with a stormwater system designed in accordance with the 2017 City of Kent Surface Water Design Manual. The project will be divided into three main phases as follows: • Phase 2—Design Services • Phase 3—Construction Support Services * Phase 4—Supplemental Services Task 1— Project Management Objective: Manage RI12's project team and maintain frequent client communications, including phone calls, emails, and progress meetings. Maintain project schedules and track compliance with federal, state, and local requirements for the plans and specifications throughout the duration of the contract. Approach: 1.1 Provide direction,coordination, and oversight to the RH2 project team. Organize, manage, and coordinate technical disciplines as described herein, and implement quality assurance and quality control (QA/QC) processes to execute this Scope of Services in close coordination with City staff. 1.2 Document and retain information generated during the execution of the project. 1.3 Prepare monthly invoices and budget status summaries. 1.4 Prepare for and attend coordination meetings with City staff, as requested. Prepare meeting agendas and minutes.A total of five(5)coordination meetings are assumed in the Fee Estimate in addition to the other milestone and review meetings identified elsewhere in this Scope of Services. 1.5 Create, maintain, and update a project schedule. Monitor, modify, and update the project schedule throughout the design phase to determine potential impacts of proposed changes. Adjust the schedule to reflect the status of the project and revisions made to this Scope of Services. 2 10j17J1910:25 AM Z:\N.wBusiriess\Proposal\K[N\20190814_K:N_M190126.,West Hill Reservoir Interview\CC Contract\PSA-SOW-KEN_West Hi!I Reservair.docx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services Provided by the City: • Monthly invoice template and/or preferences specified for RH2's project manager. RH2 Deliverables: • Electronic copies of meeting agendas and minutes (PDF). • Electronic invoices submitted each month (PDF). • Electronic project schedule submitted each month (PDF). Phase 2 — Design Services Task 2— Preliminary Design (30-Percent) Objective: Prepare preliminary reservoir construction plans and a construction cost estimate for review by the City. Prepare preliminary on-site and off-site design elements, including the sidewalk and driveway construction, on-site utilities, and stormwater system. Approach: 2.1 Review and format topographical site survey and investigate the site to document existing conditions. Review other information provided by the City. 2.2 Summarize criteria, standards, guidance, and/or codes governing the design. Develop a checklist for presenting design choices to the City. Maintain the checklist during design and submit to the City when revisions are made. Establish structural design criteria using geology and location to identify seismic design parameters per U.S. Geological Survey(USGS) data, and to design snow and wind loads, soil loads, live loads, unbalanced load criteria, and load combinations. Attend one (1) design kickoff meeting to present criteria and checklist to the City. 2.3 Prepare cover sheet,existing site plan, demolition plan, and erosion and sediment control(ESC) plan. 2.4 Prepare preliminary construction and finished grading plans and details. 2.5 Prepare preliminary site and utility plans and details. Profile views will be generated to check for conflicts with known utilities. Establish planting zones and areas with special planting considerations, such as screening. Site improvements include a barbed wire fence along the property line around the entire parcel, on-site access roads, and gates at the entrance to the site. 2.6 Prepare preliminary stormwater collection system and connection to on-site system or separate off-site system. 2.7 Prepare preliminary reservoir plan and elevation views to illustrate the reservoir shape, size, elevations, and geometry, and to show the location of the proposed reservoir and its appurtenances. 3 10/17/1910:25 AM Z:\New Business\Proposal\KEN\2019081._KEN_M190126_West Hill Reser oir Interview\00 Ccntract\PSA-SOWKEN West Hill Re:ervoir.docx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services 2.8 Prepare preliminary control structure and emergency generator(EG) shelter plan and elevation views to illustrate the structure and shelter shape, size, elevations, and geometry, and to show the location of the proposed combination structure and its appurtenances. 2.9 Prepare preliminary mechanical plans detailing the reservoir piping, mechanical components, and mixing system. 2.10 Prepare preliminary design of main reservoir structural elements. Determine the general configuration of the tank walls and floor, foundation, roof shape, and support system. Prepare schematic structural drawings of the tank structure, including reservoir elevations, foundation and floor plans, and roof plan. Develop schematic structural details of the tank structure to convey the City's preferences, including accessory/appurtenance preferences. 2.11 Prepare preliminary design of the EG and electrical/control components. Identify electrical, control, and monitoring features and appurtenances for the proposed water reservoir for review and discussion with the City. Provide a list of features and appurtenances that would be typical for water reservoirs. 2.12 Prepare a preliminary outline for the technical specifications Table of Contents using the City's standard format. 2.13 Prepare a 30-percent design-level probable construction cost estimate. 2.14 Perform in-house QA/QC review of the preliminary design. 2.15 Prepare for and attend a 30-percent review meeting with the City. Prepare and distribute meeting minutes. Assumptions: • RH2 will rely on the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Services. • It is anticipated that the tasks in Schedule A will be completed prior to the 60-percent submittal. • Structural design will conform to the more stringent requirements between the 2015 and 2018 International Building Code(IBC). • Supervisory control and data acquisition (SCADA)programming and integration work will be performed by the City's programmer(Systems Interface)during the construction phase of the project. Coordination with the City's programmer during all phases of design is included in this Scope of Services. • Specifications will not be provided as part of this Task, only the preliminary Table of Contents. The design criteria developed during preliminary design will be expanded based on the City's preferences established as part of project preliminary design. • Frontage improvements design meetings will be concurrent with the reservoir design meetings. 4 10/17/19 10:25 AM 2:\New Business\Proprasaf\KEN\2U190814_Kf.N M190126_VVest Hill Reservoir I1ter1iew\00 Contract\PSA-SOW-KEN West hill Reservoir.d— City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services • Frontage improvements are required along the west side of the project parcels only(project side). Provided by the City: • Geotechnical information (provided by third party). • Site topographic survey. • Meeting space and attendance at project kickoff and 30-percent review meetings. • Table of Contents for City's standard specifications. • Review comments on 30-percent design plans. RH2 Deliverables: • Electronic copy of design criteria checklist (PDF). • Electronic copies of preliminary and final meeting minutes for kickoff meeting (PDF). • One (1) electronic (PDF) copy of the Table of Contents for specifications. • Electronic copy of list of features and appurtenances that would be typical for water reservoirs. • Electronic copies of preliminary and final meeting minutes for 30-percent design review meetings (PDF). • Electronic copy of 30-percent construction cost estimate (PDF). • One (1)electronic (PDF)copy of 30-percent reservoir design plans. Task 3— Permitting Assistance Objective: Prepare development permits. Provide draft permit applications to the City's project team for review and finalization. Coordinate permit submittals with City staff. Approach: 3.1 Using plans developed in Task 2, contact the City's Permit Center, and staff at the City's Departments of Economic and Community Development, Development Engineering, Building Services, and Fire Prevention to review the project components and confirm anticipated permits, required forms, processes, and review timelines. 3.2 Prepare a Civil Construction Permit. Provide draft permit application to City staff for review and finalize. Provide final Civil Construction Permit application and supporting plans, studies, etc. to City staff for permit submittal. All civil work related to the site will be covered under the Civil Construction Permit. 3.3 Prepare a Commercial Building Permit application. Provide draft permit application to City staff for review and finalize. Provide final Building Permit application and supporting plans, studies, etc. to City staff for permit submittal at bid-ready plan completion, which will likely require 5 10/17/19 10:25 AM Z:\NewBusiness\Vr000sal\KEN120190814_KEN_N!190126_Wes;Hill Reservoir Interview\00 Contract\PSA-SOW-K£N West Hill Reservov,da x City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services some modification in order to obtain permit approval. Respond to City review comments and/or questions. Complete one (1) round of edits to address City review comments and resubmit.As the level of effort involved in a potential resubmittal is difficult to ascertain at this time, RH2 has included up to forty(40) hours of staff time. RH2 will only expend the effort needed to address City review comments and resubmit for approval. If additional effort is needed, RH2 will review with the City and provide an amendment, if needed. 3.4 Prepare Fire Permit application and provide draft to City staff prior to finalization. Provide final Fire Permit application and supporting plans, studies, etc. for submittal to and review by the Puget Sound Regional Fire Authority on behalf of the City. 3.5 Prepare construction documents for DOH review based on 90-percent review plans and technical specifications as required by WAC 246-290-120. Respond to DOH comments received from the preliminary project report submitted under the Schedule A Scope of Services and prepare updated Project Reportfor submittal. Provide one(1)resubmittal of documents to DOH if required. Assumptions: • The City will pay all permit fees and submit local permit applications for the project. • All permit submittals are anticipated to be completed in-person at the City's Permit Center Counter, with both paper plan and document submittals, and electronic copies provided on USB thumb drive. • The City acknowledges that the permit review process timeline may vary and RH2 cannot guarantee a date for agency response and approval. • A pre-application meeting will not be required for this project. • State Environmental Policy Act (SEPA) has been completed by the City through the CUP process. This Scope of Services does not include additional effort for either permit process, as they are considered substantially complete. • The Civil Construction Permit will cover proposed site development activities (e.g., grading, stormwater drainage, temporary erosion and sediment control(TESC), landscaping,fencing, etc.), street frontage and right-of-way work, traffic control, etc. • The Commercial Building Permit will facilitate City review of all improvements associated with the West Hill Reservoir project, including tank and accessory building plans review. Permit submittal will occur following bid-ready design and utilizing stamped design plans for review/approval by the City. • Preparation of structural calculations (to be attached to the Commercial Building Permit application) is included as part of 60-percent design in Task 5. Similarly, preparation of stormwater compliance documents is included in Task 4. 6 10/17/19 10:25 AM Z:\New Business\Proposal\KEN\20190814_KEN M196126_West Fill Reservoir interview\00 Contract\P5A-5OW-KEN_West bill Reservoindocx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services • The project site is less than one (1) acre of land and will not require a National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit(CSGP)from Ecology. • The preliminary Project Report will be prepared under the West Hill Reservoir and Booster Pump Station (BPS) Predesign phase(Schedule A Scope of Services). Provided by the City: • Public and neighborhood coordination, as needed. • Payment of all permit fees. • Review and comment on permit applications, as desired/needed. • Submittal of local permit applications utilizing information provided by RH2. RH2 Deliverables: • Three (3) hard copies for permit submittals:two (2) hard copies for the City; and one(1) hard copy for the RH2 library for each permit application. One (1) electronic copy (PDF) of each application package. • One (1) electronic copy (PDF) and two (2) hard copies of the construction documents submitted to DOH for approval. Task 4—Stormwater Engineering and Drainage Plan Objective: Conduct stormwater analyses and prepare documentation for compliance with the City storm drainage requirements. Currently, the City has its own 2017 Surface Water Design Manual (SWDM). The project may be in a wellhead protection area where enhanced treatment for stormwater will be required. Prepare stormwater design improvements for integrating the stormwater system with the overflow requirements for the reservoir. Approach: 4.1 Develop Site Improvement Plans required for drainage review. Design an on-site and off-site stormwater management system to convey, retain/detain, disperse, and retain/release stormwater runoff. This system will include conveyance and flow control Best Management Practices (BMPs) as required by the SWDM. 4.2 Perform downstream analysis for draining the water from the reservoir and identify downstream improvements needed to accommodate the drain water from the reservoir. it is assumed that the de-chlorination will occur at the reservoir site before the drain water leaves the reservoir property. 4.3 Prepare a Technical Information Report (TIR). Submit to the City for comment and finalize as needed. 7 10117/1910:25 AM Z\New Business\Proposal\KEN\20190814_K EN_M 190126_West HI{I Reservoir interview\00 Cont1act\PSA-50W-KEN_Wes1,Hill Reservoir.docx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services 4.4 Perform and document a qualitative off-site analysis for potential off-site impacts of stormwater discharge. It is anticipated that an off-site quantitative analyses and/or mitigation will be required after performing the qualitative off-site analysis. 4.5 Submit preliminary copies of the TIR and Site Improvement Plans for review by the City. Prepare revisions to the TIR and Site Improvement Plans based on the City's review. Prepare the final TIR and Site Improvement Plans for delivery to the City for permit submittal. Assumptions: • There will be less than one (1) acre of ground disturbance, therefore, a Construction Stormwater permit will not be necessary from the Washington State Department of Ecology (Ecology). • Stormwater runoff would be collected and treated onsite with a stormwater system designed in accordance with the 2017 City of Kent SWDM. • It is anticipated that the proposed project will exceed the thresholds identified in the City's SWDM for triggering conformance with Core Requirements Nos. 1 through 9 and Special Requirement Nos. 1 through 5. • The project will exceed the thresholds for requiring flow control, thereby creating the need to develop a flow control facility for stormwater discharges in accordance with the SWDM. • The proposed project may discharge directly or indirectly to a wetland. • Both stormwater and overflow water will be discharged to the on-site storm system. RH2 Deliverables: • One (1) electronic copy (PDF) each of the preliminary and final TIR and Site Improvement Plans. • One (1) hard copy of the final TIR and Site Improvement Plans for permit submittal as part of the 90-percent plans, specifications, and estimate submittal. Task 5 —60-Percent Design Objective: Prepare 60-percent reservoir construction plans and an updated engineer's estimate of probable construction cost for review. Technical specifications will be provided with this submittal. The 60-percent plans shall include approximately 90 percent of all construction plan sheets. Approach: 5.1 Prepare structural calculations for the reservoir, including lateral analysis, roof, shell, and reservoir foundation. Prepare structural calculations for the control structure and generator shelter. Provide QA/QC review of structural calculations. Make recommended updates and additions to calculations per in-house review comments. Prepare and format calculations, with supporting documentation, for the Commercial Building Permit application. 8 10/17/1910:25 AM Z:\New Business\Pr000sal\KEN\20190814_KEN_M190126_Wesf 1iU Reservoir Inte10—\00 Contract\PSA-SOW-KEN_West Hill Reservoir,docx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services 5.2 Develop the construction phasing plan. Prepare an estimated construction time schedule. Include line items for long lead time materials and equipment. 5.3 Update engineer's estimate of probable construction cost. Items in the cost estimate will be reviewed with the City prior to submittal. 5.4 Prepare site and utility plans to show the major utility appurtenances, such as isolation valves, manholes, catch basins, and light poles. Landscaping plans will show the layout of specific plant material with a suggested plant palette for the City's permitting process review. Site irrigation will be designed by the contractor. RH2 will prepare performance specifications outlining the irrigation requirements for the site irrigation. 5.5 Prepare downstream stormwater improvements to accommodate reservoir drain water. This subtask will not be necessary if the analysis in subtask 4.2 determines no improvements are needed. 5.6 Prepare frontage improvement design plans as follows: • Prepare design plans for frontage improvements to include sidewalk, curb, and gutter, driveway approach, planting strip, landscaping, crosswalk, American with Disabilities Act (ADA) ramps, and if necessary, stormwater conveyance. It is assumed that the frontage improvements will need to comply with City Standard Street Design. • Prepare one (1) plan and profile sheet for the roadway and stormwater improvements at 1- inch equals 20 feet plan scale and 1-inch equals 5 feet vertical profile scale. • Prepare one (1) plan and profile sheet for utility designs, including storm drainage. • Prepare up to two (2) detail sheets required to support construction of the roadway improvements. Design details will include roadway sections, and stormwater and driveway approaches. Washington State Department of Transportation (WSDOT)standard plans and City standard plans will be utilized when possible. • Prepare private utility readjustment/conflict plan. It is anticipated that the gas, electric, and communication conduits may need to be relocated as a result of roadwork. Private utilities will be responsible for moving their utilities to the easement during construction. 5.7 Prepare a detailed design of the reservoir foundation, shells, and roof. Prepare a detailed design of the control structure and emergency generator shelter foundation, walls, and roof. Develop plans showing the geometry, floor shell connection, roof columns and rafters, and reinforcing steel. 5.8 Prepare details for the configuration of the reservoir piping and mechanical components, and size the piping systems for the reservoir inlet,outlet, overflow, drain, and the foundation under the drain.Plans will include equipment selection,pipe sizes and materials,thrust restraint,vault sizing, selection, and drainage. 4 10/17/19 10:25 AM Z:\NewBusiness\Proposal\KEN\20190814_XEN—M190125_West HIM Reservoir Interview\00 Contract\?SA-SOW-KEN_West Hill Resemir.docx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services 5.9 Prepare plans that show reservoir appurtenances, including access hatches, vents,exterior and interior ladders or stairs, exterior roof access, roof platform, and safety cages, as requested or required. 5.10 Prepare electrical design, including the following: • Develop design of electrical systems for operating appurtenances at the reservoir. Work is to include designing the lighting system, sizing raceways and conductors, and preparing design details. • Prepare process and instrumentation diagrams and telemetry plans. • Perform generator load and sizing calculations based on the expected electrical load at the facility to determine generator sizing for the facility. Determine generator sizing calculations with manufacturer sizing software. Coordinate with the City's preferred generator manufacturer (Cummins) to determine the physical size of the generator and automatic transfer switch, to obtain equipment pricing information, and to develop a custom sub-base triple-walled fuel tank design for the generator. Provide calculations to the City as part of the 60-percent design review. • Coordinate the electrical service improvements with PSE to determine the required electrical service and utility modifications. it is assumed that the City will take the lead on handling the process of converting the existing overhead power into underground power across the site on the east property line. • Prepare an electrical site plan identifying the location of the new generator and generator structure, new electrical service conduit, site conduit routing, and site improvements that are required for the installation of the generator. • Prepare generator and fuel tank installation details.The fuel tank system is to be designed as a triple-walled, sub-base fuel tank with leak alarming and required venting.The fuel tank will have a designed fuel capacity for a 3-day run period at rated load.The generator design will include conduit and wiring to a generator battery charger, generator block heater, generator interior light and receptacle, work lighting, and a 20-amp outdoor receptacle. • Prepare telemetry system diagrams for the proposed telemetry system. The telemetry system diagrams will show the proposed telemetry system input and output signals and interface requirements. The generator/transfer switch will be capable of inhibiting retransfer to utility power until allowed to do so by the programmable logic controller(PLC) programming. 5.11 Develop specifications. Utilize the WSDOT Standard Specifications and City of Kent Special Provisions (KSP) for mobilization and demobilization, earthwork items, aggregate production and acceptance,bases,surface treatment and pavement,cement concrete pavement, drainage structures, storm sewers, sanitary sewers, water mains, conduits, pavement markings, signs, guardrails,monuments and cases,cement concrete sidewalks,and permanent signing. KSP shall be provided by the City to RH2 for edits and revisions as needed. All changes to the documents 10 10/17,19 10.25 AM Z!\Newbusiness\Proposal\KEN\20190814_KEN_N190126_West HO Reservoir Interview\00 Cori ractVP5A-SOW-KEN_West Hill Reservoir.doc City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services shall be made using MS Word tracked changes features. Prepare technical specifications based on RH2's standard modified Construction Specifications Institute (CSI) . The Cityshall attach the technical specifications to the City's front-end bidding documents and prepare the overall specification package. Prepare the specifications portion of the bid package and review the City-provided documents for potential conflict(s) with the technical specifications. Provide the City with comments and suggestions for resolving conflicts between the two documents. 5.12 Provide in-house QA/QC review of 60-percent plans,cost estimate,and technical specifications. 5.13 Prepare for and attend one (1) 60-percent review meeting with the City. Provide responses to the City's 30-percent review comments. Prepare and distribute meeting minutes. Provided by the City: • WSDOT Amendments, City of Kent Special Provisions, and front-end documents. • Meeting space and attendance at 60-percent design review meeting. • Review comments on 60-percent design plans and technical specifications. RH2 Deliverables: • Structural calculations for Commercial Building Permit submittal, including two (2) hard copies and one (1) electronic copy(PDF). • Two (2) electronic copies (PDF and MS Project) of the estimated project construction time schedule. • One (1) electronic version (PDF) of the 60-percent construction cost estimate. • One (1)electronic version (PDF) of the 60-percent specifications. • One (1)electronic version (PDF) of the 60-percent construction plans. • One (1) electronic version (PDF) of the meeting minutes for 60-percent review meeting. • One (1) electronic copy(PDF) of response to City 30-percent review comments. Task 6—90-Percent Design Objective: Prepare 90-percent reservoir and frontage improvements construction plans and an updated construction cost estimate for review by the City. The comments developed during the 60-percent review process will be addressed. It is anticipated that the 60-percent review comments will be constrained to details that were developed subsequent to the 30-percent review submittal, or that were revised or unresolved during the 30-percent review process. The 90-percent plans shall include 100 percent of the construction plan sheets.At the end of the 90-percent project design task, design details shall be included in the plans and specifications. Approach: 6.1 Incorporate the City 60-percent review comments into the design plans. Site, frontage, structural, mechanical, and electrical plans will be revised. Preliminary details will be revised, 11 10/17/19 10:25 AM Z:\NewOusiness\Proposal\KEN\20190814—KEN_M190126_West H:II Reservoir Interview\00 Contract\PSA-SOW.KEN_West Nip Reservoicdocx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services and outstanding minor details will be developed.At this point of the design, the submittal is to include the plans in the construction contract documents to be ready for permitting. Provide responses to City's 60-percent review comments. 6.2 Prepare 90-percent front-end specifications. Coordinate with the City regarding advertising dates and bid opening date and time.It is assumed that the City's standard front-end documents will be used. 6.3 Update the technical specifications to include additions and revisions per 60-percent review and comments. 6.4 Prepare 90-percent level probable construction cost estimate based on information supplied by material vendors and on similar projects adjusted for anticipated bidding conditions. 6.5 Perform 90-percent in-house QAJQC review of plans and specifications. Update the estimated construction time schedule. Include line items for long lead time materials and equipment. 6.6 Prepare for and attend one (1) 90-percent review meeting with the City. Prepare and distribute meeting minutes. Provided by the City: • Meeting space and attendance at 90-percent design review meeting. • Review comments on 90-percent design plans and specifications. RH2 Deliverables: • One (1) electronic copy (PDF)of responses to City's 60-percent review comments. • One (1) electronic version (PDF) of the 90-percent engineer's estimate of probable construction cost. • One (1) electronic version (PDF)of the 90-percent front-end and technical specifications. • One (1) electronic copy(PDF) of the 90-percent construction plans. • One (1) electronic copy (PDF)of the meeting minutes for the 90-percent review meeting. Task 7—Off-Site Pump Station and Pressure Reducing Valve Station Modifications Objective: Prepare plans and specifications for modifications to off-site pump stations #3, #4, #6, and #7, the Totem Pressure Reducing Valve (PRV) station, and the 42 d Avenue PRV station. The extent of the modifications will be identified in the West Hill Reservoir and BPS Predesign efforts (Schedule A Scope of Services). Approach: 7.1 Prepare plans for the modifications at Pump Station #3. The City will provide survey.The plans will include at a minimum one (1) civil sheet, two (2) mechanical sheets, and two (2) electrical sheets. 12 10/17/19 10:25 AM Z:\NewBusiness\Proposs1\KEN\20190814_KEN_M190126_West Hill Reservoir Interview\00 Contract\PSA-SCW-KEN_West Hill Reservoir.dote City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services 7.2 Prepare plans for the modifications at Pump Station #4. The plans will include at a minimum one (1) mechanical sheet and two (2) electrical sheets. 7.3 Prepare plans for the modifications at Pump Station #6. The plans will include at a minimum one (1) mechanical sheet and two (2) electrical sheets. 7.4 Prepare plans for the modifications at Pump Station #7. The plans will include at a minimum one(1) mechanical sheet and two (2)electrical sheets. 7.5 Prepare plans for the modifications at the Totem PRV station. The City will provide survey.The plans will include at a minimum two (2) civil sheets, and two (2) mechanical sheets. 7.6 Prepare plans for the modifications at the 42nd Avenue PRV station. The City will provide survey. The plans will include at a minimum two (2) civil sheets and two (2) mechanical sheets. Assumptions: • Pump Station#3 will require a full PRV station outside of the existing BPS building. • Pump Station#4 will require modifications to the existing control valve pilotry only. • Pump Station #6 will require modifications to the existing control valve pilotry only. • Pump Station#7 will require modifications to the existing control valve pilotry only. • The Totem PRV station will require relocation to a new vault adjacent to the existing PRV station. • The 42"d Avenue PRV station will require relocation to a new vault adjacent to the existing PRV station. • If more modifications to any of the above-listed sites are identified by the City as a result of the hydraulic analysis, additional authorization will be required to complete the additional tasks. Provided by the City: • Site survey for Pump Station #3,Totem PRV station, and 42"d Avenue PRV station. • As-builts drawings for Pump Station #3, #4, #6, and #7, if available, and as-built drawings for the Totem PRV station and 42nd Avenue PRV station. RH2 Deliverables: • One (1) electronic version (PDF) of the engineer's estimate of probable construction cost (to be included with the reservoir estimate for each submittal). • One(1)electronic copy(PDF)of the construction plans(to be included with the reservoir plan set for each submittal). Task 8—Bid-Ready Documents Objective: Incorporate the comments from the 90-percent review into the plans and specifications. It is anticipated that 90-percent review comments will be constrained to details that were developed 13 10/17/19 10:25 AM Z:\NewBusiness\Proposal\KEN\20190814_KEN_MI90126—West Hill Reservoir Interview\00 Contract\P5A-S0W-KEN West Hill Reservoir.dou City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services subsequent to the 60-percent review submittal, or that were revised or unresolved during the 60-percent review process.A final in-house QA/QC review will be performed. By the end of this Task, the plans and specifications will be ready for reproduction for bidding purposes. Approach: 8.1 Update structural calculations with additions or revisions requested in the Building Department permit review. 8.2 Incorporate agency permit review comments and City comments into 90-percent design plans. Site and off-site roadway (including landscaping and irrigation), structural, mechanical, and electrical plans will be finalized. Preliminary details will be finalized, and outstanding minor details will be developed and finalized. Provide responses to the City's 90-percent review comments. 8.3 Address comments on the 90-percent specifications and finalize the construction contract documents accordingly. The construction contract documents and specifications will be ready to use during bid advertisement. 8A Perform in-house QA/QC review of bid-ready plans, specifications, and construction contract documents. 8.5 Prepare a final engineer's estimate of probable construction cost, formatted for bidding, and provide a range of probable construction cost in bid documents for the purpose of establishing a bid bond value. RH2 Deliverables: • One (1) electronic copy(PDF) of responses to City's 90-percent review comments. • One (1) unbound hard copy and an electronic copy (PDF and Word) of the bid-ready construction contract documents and specifications. • One (1) unbound full-size color hard copy and an electronic copy (PDF and AutoCAD) of the bid-ready drawings.AutoCAD files will be in the latest version of Civil 3D. • One (1) electronic copy (PDF) of engineer's estimate of probable construction cost. Task 9—Services During Bidding Objective: Assist the City during the project bidding and construction contracting phases. it is assumed that the City will advertise the project and be the main point of contact for bidders. RH2 will refer al/interested bidders with questions to the City. RH2 will not attend the bid opening. Approach: 9.1 Respond to technical questions from bidders, including questions from the pre-bid meeting, if necessary. 9.2 Prepare up to two (2) addenda, if necessary. 9.3 Perform analysis of bid results and provide City information within one (1)week of bid opening. 14 10/17/1910!75 AM 7:\New Business\Proposal\KEN\20190814_KEN_M19012.6—West Hill Reservoir Interview\00 Cont1act\P5A-SOW-KEN_West Hill Reservoir.docx City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services 9.4 Review supplemental criteria of apparent low bidder, if requested. 9.5 Create electronic conformed for construction contract documents for contractors, if necessary. Provided by the City: • Payment of advertisement fees. • Meeting space and attendance at bid opening. RH2 Deliverables: • Two (2) addenda (if necessary) in electronic format (PDF). • Analysis of bid results in electronic format (PDF). • Electronic copies of conformed for construction contract documents, if necessary. Phase 3 — Construction Support Services Task 10— Record Drawings Objective: Coordinate with the contractor and the City to develop a set of record construction drawings for the City. Utilize the final AutoCAD drawings to generate record construction drawings. Approach: 10.1 Prepare record drawings by reviewing field records provided by contractor and revising the construction contract drawings. Provide the City with one (1) 24-inch by 36-inch paper set, and updated PDFs and AutoCAD files of the record construction drawings at the end of the project. RH2 Deliverables: • One (1) full-size paper set and one (1) electronic PDF of the construction record drawings. • AutoCAD files for construction record drawings.AutoCAD files will be in the latest version of Civil 3D. Phase 4 — Supplemental Services Task 11 —Supplemental Services Objective: Provide additional services as requested by the City. Approach: 11.1 Provide additional services for the project as requested and authorized by the City. RH2 shall submit a budget estimate for supplemental services as they are requested by the City. The City shall provide written authorization to proceed with the supplemental services prior to commencing work. 15 IQ71711910:25 AM Z:\NEWBusinass\Proposal\KEN\20190814_KEN_M190126 West Hill Reservoir Interview\00 Contract\PSA-SOW,KEN_West till Reservcir.docz City of Kent Exhibit A Schedule B—West Hill Reservoir Design Scope of Services RH2 Deliverables: • Budget estimate for additional services. • Other deliverables as requested by the City under an authorization for additional services. Schedule Refer to the attached schedule (Exhibit D)for proposed start and important project dates. 16 10/17/1910:25 AM Z:\New8us3ness\Proposal\KEN\20190814_KEN_M190126_West Hilt Reservoir Interview\00 Contract\PSA-SOW-KEN_West Hill Reservoicdocx llf G E . cl a as Z5 f t my x it I J i jr ton, City of Kent Schedule B-West Hill Reservoir Design Cost Summary Firm Name: RH2 Engineering,Inc. Class Classification hole Staff Hours x Rath Cost Professional i Professional I Staff Engineer 838 S 148 00 $ 94,124.00 Professional II Professional II Staff Engineer 396 $ 161.00 $ 63,756,00 Professional III Professional III Project Engineer 191 $ 175.00 $ 33,425.00 Professional IV Professional IV Project Engineer 396 $ 185,00 $ 73,260,00 Professional V Professional V Project Marager 337 $ 200.00 $ 67,400.00 Professional VI Professional VI Project Manager 0 $ 213.00 $ - Professionai VII Professional VII Principal 369 $ 231.00 $ 85,239.00 Professional Vlll Professional Vlll Director 43 $ 240,00 $ 10,320,00 Professional IX Professional IX Director 0 S 24000 $ - Administrative I Administrative I Administrative 0 S 7200. $ Administrative fl Administrative II Administrative 0 $ 84,00 $ Administrative III Administrative III Administrative 112 S 101.00 $ 11,312,00 Administrative IV Administrative IV Administrative 0 5 119.00 $ Administrative V Administrative V Administrative 0 S 137,00 $ Total Hours 2482 Total Direct Labor $ 439,136.00 Direct Non-Salary Costs Cost Item Unit Number Cost Each Number Mileage Miles 1370 $ 0.58 $ 79460 CAD/GIS System Each 600 $27.50 $ 16,500 00 CAD Plots Half-Size Each 346 $ 250 $ 865.00 CAD Plots Full-Size Each 185 $ 10.00 $ 1,85000 Photocopies(bw)8,5"x 11" Each 2310 $ 0.09 $ 207.90 Photocopies(color)8.5"x 11" Each 150 $ 0,90 $ 135.00 Photocopies(color)11"x 17" Each 230 $ 2.00 $ 46000 Direct Non-Salary Costs Total $ 20,812.50 SubconsultantExpenaea Prime Subtotal ; 459,948.50 Total Subconsultant Expense $ Total $ 459,948.50 TOTAL PROJECT COST Rounded $ 459,949 Exhibit C Consultant Fee Determination-Summary Sheet 2019 SCHEDULE OF RATES AND CHARGES Subconsultant: RH2 ENGINEERING,INC Negotiated Overhead Fee Multiplier Negotiated Rate Staff Classification Hourly Rate Multiplier Per Hour 166.00% 12.00% Professional $ 49.68 $ 82.47 $ 15.86 $ 148.00 Professional11 $ 54.04 $ 89.71 $ 17.25 $ 161.00 Professional 111 $ 58.74 $ 97.51 $ 18.75 $ 175.00 Professional IV $ 62.10 $ 103.08 $ 19.82 $ 185.00 Professional V $ 67.13 $ 111,44 $ 21.43 $ 200.00 Professional VI $ 71.50 $ 118.69 5 22.82 $ 213.00 Professional VII $ 77.54 $ 128.72 $ 24.75 $ 231.00 Professional VIII $ 80.56 $ 133.73 $ 25.72 $ 240.00 Professional IX $ 80.56 $ 133.73 $ 25.72 $ 240.00 Control Specialist 1 $ 44.98 $ 74.67 $ 14.36 $ 134.00 Control Specialist If $ 48.67 $ 80.80 $ 15.54 $ 145.00 Control Specialist III $ 53.04 $ 88.04 $ 16.93 $ 158.00 Control Specialist IV $ 56.73 $ 94.17 $ 18.11 $ 169.00 Control Specialist V $ 60.42 $ 100.30 $ 19.29 $ 180.00 Control Specialist VI $ 64.45 $ 106.98 $ 20.57 $ 192.00 Control Specialist VII S 69.82 $ 115.90 $ 22.29 $ 208.00 Control Specialist VIII $ 73.18 $ 121.47 $ 23.36 $ 218.00 Technician 1 $ 36.92 $ 61.29 $ 11.79 $ 110.00 Technician 11 $ 39.94 $ 66.31 $ 12.75 $ 119.00 Technician III $ 45.99 $ 76.34 $ 14.68 $ 137.00 Technician IV $ 49.01 S 81.35 $ 15.64 $ 146.00 Technician V $ 53.71 $ 89.15 $ 17.14 $ 160.00 Technician V1 $ 58.74 $ 97.51 $ 18.75 $ 175.00 Technician VII $ 63.78 $ 105.87 $ 20.36 $ 190.00 Technician VIII $ 67.13 $ 111.44 $ 21.43 $ 200.00 Administrative 1 $ 24.17 $ 40.12 $ 7.71 $ 72.00 Administrative II $ 28.20 $ 46.81 $ 9.00 $ 84.00 Administrative III $ 33.90 $ 56.28 S 10.82 $ 101.00 Administrative IV $ 39.94 $ 66.31 $ 12.75 $ 119.00 Administrative V Is 45.99 1$ 76.34 $ 14.68 $ 137.00 In-House Copies B/W-8.5x11 $ 0.09 In-House Copies B/W-8.5x14 $ 0.14 In-House Copies B/W-11x1% $ 0.20 In-House Copies Color-8.5xll $ 0.90 In-House Copies Color-8.5x14 $ 1.20 In-House Copies Color-11x17 $ 2.00 CAD Plots large $ 25.00 CAD Plots Full $ 10.00 CAD Plots Half $ 2.50 CAD System Per Hour $ 27.50 GIS System Per Hour $ 27.50 Mileage Current IRS Rate Subconsultants will be billed at cost plus 15%. Outside direct costs for permit fees, reports, maps, data, reprographics, couriers, postage, and non- mileage related travel expenses that are necessary for the execution of the project and are not specifically identified elsewhere in the contract will be billed at cost. id Ulu Will jj Ill! JIB 111 1 - --------- EXHIBIT E INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT E (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: By: (signature (signature) Print Name:61% l�� . ,fit I-t. L Print Name: Dana Ralph Its- 'D {'j� _ Its Mayor (title) DATE: 1` "` DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Edwin Halim Timothy J. LaPorte, P.E. RH2 Engineering, Inc. City of Kent 22722 291h Dr. SE, Suite 210 220 Fourth Avenue South Bothell, WA 98021 Kent, WA 98032 (425) 780-8258 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk _ RH2-West Hill Reservoir 2AWok b CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City`s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Y For: Qh 2 G-160'LEL ..I''. Title: MgaCTCR Date: .- /_ EEO COMPLIANCE DOCUMENTS - 1 ,4co CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 05/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jona Bolin NAME: Sammamish Insurance,Inc. Pn,H/ONE Ext: (425)898-8780 FAXA/C No (425)836-2865 704 228th Ave NE,PMB 373 n DRESS: JonaBolin@msn.com INSURER(S)AFFORDING COVERAGE NAIC# Sammamish WA 98074 INSBRERA: Ohio Security Insurance Company 24082 INSURED INSURER B: Continental Casualty Company 20443 RH2 Engineering Inc INSURER C: 22722 29th Dr SE Ste 210 INSURER D: INSURER E Bothell WA 98021 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1952003492 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AIJUL 5UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE �OCCUR PREMISES Ea occu ante $ 2,000,000 MED EXP(Any one person) $ 15,000 A Y BZS57962270 05/29/2019 05/29/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 4,000,000 X POLICY ❑PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: I Employers Liability $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y BAS57962270 05/29/2019 05/29/2020 BODILY INJURY Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 A X EXCESS LIAB CLAIMS-MADE BZS57962270 05/29/2019 05/29/2020 AGGREGATE $ 2,000,000 DED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L.EACH ACCIDENT $ (Mandatory in If yes,describe under E.L.DISEASE-EA EMPLOYEE $ nd DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability B Claims Made AEH004312321 05/29/2019 05/29/2020 Per Claim $3,000,000 Deductible $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is named as additional insured automatically when required by contract per BP7996(General Liability)and CA8810(Auto Liability). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe AUTHORIZED REPRESENTATIVE Kent WA 98032 ��/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II -Liability is amended as follows: A. Supplementary Payments Section A.I. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a$3,000 limit. 2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a$500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions -Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 4 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following.- The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 4 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any 'occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph DA. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the 'occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit' is known to any insured listed under Paragraph C.I. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim. © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 I. Section F. Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE- BROADENED COVERAGE 11 GLASS REPAIR-WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I -COVERED AUTOS is amended as follows: 1. TRAILERS -INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 SECTION II -LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident' or "loss", to an "auto" for which we also pay a 'loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident' or 'loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If 'loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 16. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 C. SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The 'loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident', the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the 'loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United " States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED " Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I - COVERED AUTOS Read the entire policy carefully to determine rights, duties and what is and is not covered. ITEM TWO of the Declarations shows the "autos" Throughout this policy the words "you" and that are covered "autos" for each of your cov- erages. The following numerical symbols de- "your' refer to the Named Insured shown in the scribe the "autos" that may be covered "autos". Declarations. The words "we", "us" and "our" The symbols entered next to a coverage on the refer to the Company providing this insurance. Declarations designate the only "autos" that are Other words and phrases that appear in quotation covered "autos". marks have special meaning. Refer to Section V - A. Description Of Covered Auto Designation Definitions. Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned Only those "autos" you own (and for Liability Coverage any "trailers" "Autos" you don't own while attached to power units you own.) This includes Only those "autos" you acquire ownership of after the policy begins. 3 Owned Only the private passenger "autos" you own. This includes those private Private passenger "autos" you acquire ownership of after the policy begins. Passenger "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned Only those "autos" you own that are required to have No-Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or Principally garaged. 6 Owned Only those "autos" you own that because of the law in the state where "Autos" they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This includes those To A "autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those "autos" described in Item Three of Declarations for which Described a premium charge is shown (and for Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 13